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If the court of first instance denies the provisional release, what should the applicant do?

The applicant is entitled to appeal or file the new application for provisional release.

During the investigation or the trial of the court of first instance, if the court of first instance issues the order not granting provisional release which is filed by the accused, defendant or any interested person, the applicant has the right to file appeal motion against such order or file the new application for provisional release. A new application should, however, have reasonable ground for the court to amend the previous order.

Time limit for filing an appeal
In case the provisional release has not been granted, it can be appealed by the accused or defendant at any time even after one month from the date that the court order has been given (according to the Supreme Court order no. 617/2528).

Where to lodge an appeal
The appeal shall be lodged with the court of first instance.

Where to pronounce the order of the Court of Appeal or a regional court of appeal
When the Court of Appeal or a regional court of appeal issues an order, such order shall be forwarded to the court of first instance for pronouncement to the accused or defendant and the appellant without delay.

When the provisional release has not been granted by the Court of Appeal or a regional court of appeal
If the Court of Appeal or a regional court of appeal issues the order confirming the order of not granting provisional release of the court of first instance, such order of the Court of Appeal or the regional court of appeal shall be final. But, it shall not debar the right to apply a new application for provisional release.

 

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